Commonwealth Consolidated Acts

AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 34ZF

             (1)  A person commits an offence if:

                     (a)  the person has been approved under section 24 to exercise authority conferred by a warrant issued under this Division; and

                     (b)  the person exercises, or purports to exercise, the authority; and

                     (c)  the exercise or purported exercise contravenes a condition or restriction in the warrant on the authority; and

                     (d)  the person knows of the contravention.

Penalty:  Imprisonment for 2 years.

             (2)  A person commits an offence if:

                     (a)  the person is a police officer; and

                     (b)  the person engages in conduct; and

                     (c)  the conduct contravenes section 34H; and

                     (d)  the person knows of the contravention.

Penalty:  Imprisonment for 2 years.

             (3)  A person commits an offence if:

                     (a)  the person is identified (whether by name, reference to a class that includes the person or some other means) in a direction given by a prescribed authority under paragraph 34K(1)(c), (d), (e), (f) or (g) or subsection 34Q(4), 34ZE(2) or (8) or 34ZR(3) as a person who is to implement the direction; and

                     (b)  the person engages in conduct; and

                     (c)  the conduct contravenes the direction; and

                     (d)  the person knows of the contravention.

Penalty:  Imprisonment for 2 years.

             (4)  A person commits an offence if:

                     (a)  the person engages in conduct; and

                     (b)  the conduct contravenes subsection 34K(9), paragraph 34K(11)(c), (e), (g) or (i), subsection 34M(4), paragraph 34N(3)(b) or (4)(a) or subsection 34T(2); and

                     (c)  the person knows of the contravention.

Penalty:  Imprisonment for 2 years.

             (5)  A person commits an offence if:

                     (a)  the person has been approved under section 24 to exercise authority conferred by a warrant issued under this Division; and

                     (b)  the person exercises, or purports to exercise, the authority by questioning another person; and

                     (c)  the questioning contravenes section 34R; and

                     (d)  the person knows of the contravention.

Penalty:  Imprisonment for 2 years.

             (6)  A person (the searcher ) commits an offence if:

                     (a)  the searcher is a police officer; and

                     (b)  the searcher conducts a strip search of a person detained under this Division; and

                     (c)  the search is conducted:

                              (i)  without either the approval of a prescribed authority or the consent of the detained person; or

                             (ii)  in a way that contravenes subsection 34ZC(1); and

                     (d)  the searcher knows of the lack of approval and consent or of the contravention.

Penalty:  Imprisonment for 2 years.

             (7)  A person (the searcher ) commits an offence if:

                     (a)  the searcher is a police officer who is conducting or has conducted a strip search of a person detained under this Division; and

                     (b)  the searcher engages in conduct; and

                     (c)  the conduct contravenes subsection 34ZC(5); and

                     (d)  the searcher knows of the contravention.

Penalty:  Imprisonment for 2 years.

             (8)  In this section:

"engage in conduct" means:

                     (a)  do an act; or

                     (b)  omit to perform an act.